L1A to H1B, Travel to India when H1B is pending ?

[sp_0826]

My details:

Currently on L1A which expires October 2014 (Currently in USA and Visa stamp expired. Petetion and I-94 valid till October 2014)

I want to file H1B in April in this year's quota.

My Questions:

1. If my H1B is pending, can I travel to India and come back with a valid L1A visa stamp and once my H1 is approved, can I move onto

H1B job/employer ??

Would Appreciate any inputs on this ...

Thanks for your time

[pontevecchio]

You cannot leave while a COS is pending. Is the H1 visa going to be a problem?

[sp_0826]

Thanks for the response.

I believe my H1B would be filed on April 1, but I need to travel to India in the month of May and come back to US with my L1A Visa. Would this mean I would be abandoning my H1B application because of me leaving the country while it's pending ?

Is there any alternative to keep the H1B application alive even with my travel outside the country ?

[pontevecchio]

The H1 petition will be decided on merits. Leaving before approval nullifies the COS and necessitates a H1 visa . Premium Processing of the H1 petition with COS from L1 may help get a result before you leave for India. In any case if the H1 petition is approved you can come back up to 10 days before the H1 starts in October. In view of potential notice issues with the L1 employer you should opt for CP.

[sp_0826]

Thanks again for the response. Here's more details about my scenario:

L1A petition and I-94 valid till October 2014

1. If I apply my H1B (premium processing) on April 1 with COS from L1, and if it's approved within 1 month, can I travel and come back to US in June with a H1B visa

stamped in India ?

2. I heard about an option of applying for COS from L1A to H1 based on I-94, which if approved, I can start working on H1B immediately (need not wait until October 1). Is this an available option ?

[pontevecchio]

1. In this case you could come back in L1 status and the COS will kick in from October,1. The H1 visa would then be for future travel. You cannot work for the L1 employer after October,1 in this case. Do you or do you not have a notice period for the L1 employer? If you inform him after the H1 with COS is approved he may ask you to leave and in that case you will need the visa to return up to 10 days before October,1 in H1 status.

2. Not true.